Art. 397 of the Code of Criminal Procedure. Issues to be considered by the court when executing the sentence

The sentence is passed, and the person who committed the crime is convicted, but even in this case he can count on the court's indulgence and mitigation of punishment or for complete release from it, if the legal grounds for that indicate.

Execution of the sentence

The final stage of criminal proceedings is the execution of the sentence. In Art. 397 of the Code of Criminal Procedure of the Russian Federation there is a list of significant points for the perpetrator, which are carried out by the court after the implementation of the sentence against the convicted person - and the latter begins serving his sentence.

The sentence shall enter into force on the date indicated by the court, unless the parties to the proceedings have appealed against it. If the verdict is justified, then the person is released in the courtroom, but he can also be appealed in a higher court.

When executing the sentence, the following questions are submitted to the court for examination:

• On the restoration of all meaningful rights of the rehabilitated;
• On exemption from punishment;
• On the abolition of the postponement of the serving of punishment, the reduction of the period of the delay;
• On the replacement of one correctional facility by another;
• On the replacement of the part of the sentence that has not yet been served by a softer one;
• On cancellation or subsequent application of compulsory medical treatment to the convict;
• About UDO and its cancellation;
• Detention in the event of evasion of punishment or non-arrival to the place of serving punishment;
• The replacement of the appointed punishment by another;
• On the reduction of withholdings from the incomes of the guilty;
• On the transfer of a convicted alien for punishment in a state where he has citizenship;
• On the release of minors.

These issues can be resolved only by the court, and each of them is given special attention.

Detention

The procedural criminal law accurately states that the period of detention can not be more than two months and lasts up to six months, with the special complexity of the case - this refers to the accused in the atrocity.

With regard to convicted persons who are already in custody but who are brought to justice for another act, the terms of detention are established on the basis of the criminal procedure code. In the event that a person is accused of committing a serious crime, the term can be extended to 12 months. The longest period of detention in the period of investigation for a particularly serious crime is 18 months, after which the person must be released, except for the circumstances specified in the procedural law.

When calculating the time spent in custody, the following time is included:

• When a person was involved as a suspect;
• Finding the house under arrest;
• Being in a medical institution by a court decision.

The detention of a convicted person who hides and evades punishment in the form of payment of a fine, compulsory and corrective labor, is possible for up to 30 days. The same applies to convicts who, following a court verdict, must follow their own course to the colony-settlement and, at the appointed time, do not receive instructions and do not come to the place of serving their sentence.

If the court decides to change the correctional facility for the convict who evades arrival in the colony-settlement and disappears, the terms of detention are also not more than 30 days.

Deferment from punishment

The application of a delay in serving a sentence to pregnant women and women with a minor child, as well as to a man who is the only parent, is possible only if the punishment for the offense is up to five years of imprisonment.

The delay is granted until the child reaches the age of 14, after which the parent is released from punishment or replaced by a softer one. In addition, the parent must deal with the child and his upbringing, otherwise the court can cancel the deferral and send the convicted person to places of deprivation of liberty.

Art. 397 of the CCP RF directly indicates that the court can cancel the postponement of serving the sentence to pregnant women and women who have a child under 14 years of age, as well as to the man who is the only parent, using article 82 of the Code on Crimes.

The cancellation of the delay in serving the sentence may also affect the patient with drug addiction if the latter does not want to be cured of this terrible disease and undergo rehabilitation, and also commits acts of an unlawful nature. In this case, the convict must be sent to places of imprisonment for the subsequent serving of punishment.

Exemption from punishment

Exemption from serving punishment is possible for the guilty person only in certain cases:

• When the limitation period for the conviction has expired;
• If a new criminal law is adopted;
• In connection with the disease, on the basis of Art. 81.

If the convicted person did not serve a sentence after being sentenced and fled the justice, as a result of which the statute of limitations for the committed atrocity has passed, then the person is to be released from punishment.

If a new law is adopted that excludes liability for an act from a criminal code, convicted persons under this article are subject to exemption from punishment.

The perpetrator may be released by the court from serving his sentence if his state of health does not allow him to be in the colony. In the case of mental disorders, a convicted person may be placed in a specialized medical institution, but only by a decision of the judicial authority.

STD and its cancellation

If the convict did not violate the regime during the serving of the sentence, worked and respected employees in the colony and other convicts, and also compensated for the harm caused by the atrocity, he can ask for early release.

Art. 397 of the Code of Criminal Procedure states that the court, when executing the sentence, resolves the issue of parole and its cancellation with the application of article 79 of the Code on atrocities.

The decisive role in conditional early release for the perpetrator will have the opinion of the victim, as well as the administration of the colony.

The services of a lawyer are expensive, and not all convicts can afford them, but if they want to get the UDO as soon as possible they should be used, because the employees of the correctional institution prepare the documents long enough.

The expulsion may be applied by the court only when the guilty person has served the prescribed part of the punishment, which depends on the gravity of the offense.

Rehabilitation

The conviction of a convicted person completely innocent with the restoration of all his rights is called rehabilitation. In this case, a person must be immediately released from serving a sentence with the bringing of all apologies due.

In part 1 of Article 397 of the Code of Criminal Procedure of the Russian Federation, it is expressly stated that the court considers the issues of the return of all rights to the rehabilitated. In accordance with this, the latter must apply to the judiciary with a claim for compensation for the damage caused by unlawful conviction.

Protection

The correct choice of the defender at the stage of execution of the sentence plays an important and even decisive role, because the matter concerns the change in the position of the guilty person.

Preparation and collection of various documents for a lawyer is a habitual work. It will help to save time and nerves for the illegally convicted or guilty, who soon wants to meet with his loved ones.

According to all rules, the services of a lawyer can be provided to a convicted person at the expense of the state, if the latter himself asks for the appointment of a lawyer. This is necessary for the preparation of documents and for obtaining a qualified legal advice.

In practice, the convicted person is provided with a free state advocate only during the preliminary investigation and in court, prior to sentencing. In the event that a lawyer is appointed to protect the accused and convicted by the state, procedural costs are reimbursed at the expense of the federal budget.

Guilty and their children

Much to our regret, it happens that the convicts, both women and men, have children who need their attention and care. This is mainly true for women with young children and in detention. That is why it is established by law that children of convicts up to the age of three can stay with their mother if there is a specialized child's home in the colony. If it does not exist, the child must be handed over to the relatives of the convict or to the children's home. If a woman remains only one year before the end of the sentence, the employees of the correctional institution can extend the time of the baby's being in the custody of the child in custody. In a situation where the sentence is long and there are no relatives, the child is transferred to an orphanage.

Conditional conviction

In the event that a suspended sentence is imposed by a court, the convicted person is also given a probationary period during which the perpetrator can prove his correction outside the places of deprivation of liberty. Punishment without isolation from society is appointed on the basis of Article 73 of the Code on Crimes.

Issues to be considered by the court when executing the sentence, in accordance with article 397 of the Criminal Procedure Code, include the cancellation of probation and the extension of the probationary period. This happens when the perpetrator neglects the restrictions imposed on him by the judiciary and violates the rule of law.

Changing the punishment

The court can change the punishment imposed earlier to the guilty if the latter tries to evade him in various ways. Changes may be subject to:

• A fine - in this case it is possible to replace it with punishment without imprisonment or with the application of the article on which the person was found guilty;
• Corrective work - instead of this punishment even arrest or imprisonment is applied;
• Mandatory work - for coercive, or for isolation from society;
• Restriction of freedom is only its deprivation.

Therefore, even after the court has passed a verdict in which the punishment is described, there is always the possibility that in case of its non-enforcement the punishment may be reviewed by the court and changed.

Control over the execution by convicted persons of these types of punishment is carried out by special inspections.

Change of type of correctional institution

The perpetrators who serve a sentence in one correctional facility can be transferred to another for good or bad behavior (in the presence of various violations). This issue is decided only by the court. The convict himself is entitled to apply to the court through the administration of the colony or his defender. If the lawyer is a state lawyer, the procedural costs for protecting the interests of the convicted person must be compensated at the expense of public funds.

Guilty can be transferred:

• From the colony-settlement to the general regime, or vice versa;
• From strict and special regimes to imprisonment.

Women's faces and those who are sentenced for life can not be transferred to prison.